Bever v. Cal-Western Reconveyance Corp. et al

Filing 22

ORDER vacating hearing date of November 14, 2011 and taking matter under submission. signed by Chief Judge Anthony W. Ishii on 11/9/2011. (Nazaroff, H)

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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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GLENN W. BEVER,

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Plaintiff,
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v.
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CAL-WESTERN RECONVEYANCE
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CORP.; CITIMORTGAGE, INC.;
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MORTGAGE ELECTRONIC
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REGISTRATION SYSTEMS, INC.
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Defendants.
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____________________________________)

1:11-CV- 1584 AWI SKO
ORDER VACATING
NOVEMBER 14, 2011
HEARING

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BACKGROUND
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On October 12 Defendants CitiMortgage, Inc. and Mortgage Electronic Registration
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Systems, Inc. filed a motion to dismiss this action. The motion was set for hearing to be held on
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November 14, 2011. Pursuant to Local Rule 230(c), Plaintiff was required to file either an
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opposition or a notice of non-opposition no later than October 31, 2011. Plaintiff failed to do so.
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On October 19, 2011, Plaintiff filed a renewed motion for a temporary restraining order.
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On October 26, 2011, the court granted Plaintiff’s motion for a temporary restraining order and
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restrained Defendants from proceeding with a Trustee Sale. The court ordered Defendants to
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file an opposition to Plaintiff’s request for preliminary injunction on or by 3:00 p.m. on
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November 1, 2011. The court set the hearing on the motion for a preliminary injunction for
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November 14, 2011.

No Defendant has filed any opposition to the request for a preliminary

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injunction.
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On November 1, 2011, Defendant CitiMortgage, Inc. filed a request for judicial

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notice in support of an opposition to Plaintiff’s motion for a preliminary injunction. This

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document contains only a brief declaration, followed by various service documents.

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Because no party filed an opposition to the pending motions, no party is entitled to be

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heard at oral argument. See Local Rule 230(c). The court has reviewed the pending motions,

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and has determined that they are suitable for decision without oral argument. See Local Rule

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230(g).

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Therefore, IT IS HEREBY ORDERED that the previously set hearing date of November

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14, 2011, is VACATED, and no party shall appear at that time. As of November 14, 2011, the

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court will take Defendants’ motion to dismiss under submission and will thereafter issue a

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decision.

As of today’s date, the court will take the request for a preliminary injunction under

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submission and will thereafter issue a decision.

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IT IS SO ORDERED.

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Dated:
0m8i78

November 9, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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